Raleigh Probate Administration Attorney

I’ve Been Named the Personal Representative of My Loved One’s Estate. Now What?

You might have been named as the personal representative of your loved one's estate because they designated you in their will. This means they trusted you to carry out their final wishes and manage their affairs after they passed away. 

If your loved one did not leave a will, a court might have appointed you as the personal representative based on your relationship with the deceased. When naming a personal representative, the courts frequently prioritize surviving spouses, adult children, or other relatives.

Being named personal representative is a significant responsibility, essentially making you the legal steward of your loved one's estate. This means you have the authority and duty to carry out the tasks of probate administration. Our team at NC Wills & Trusts can help you understand and carry out these obligations in full accordance with the law and your loved one’s final wishes.

How Does Probate Work, and What Does It Involve in North Carolina?

The core purpose of probate is to validate the deceased's will (if one exists), identify and inventory all estate assets, settle any outstanding debts and taxes, and finally distribute the remaining property to the rightful heirs or beneficiaries. This process is overseen by the Clerk of Superior Court in the county where the deceased person resided.

Our attorney can provide personalized guidance throughout each stage of probate administration, including:

• Initiating probate and gaining authority. The first step involves filing an application with the applicable Clerk of Superior Court. If a will exists, the original will must be submitted for "probate," which means the court officially validates it as the deceased's true last will. As the prospective personal representative, you will then petition the court to be formally appointed and take an oath. Following this, the court will authorize you to act on behalf of your loved one’s estate.
• Gathering and inventorying assets. You must identify, locate, and compile a detailed inventory of all the deceased's assets. This includes real estate, bank accounts, investment accounts, personal property (like vehicles, jewelry, household goods), and any other valuable possessions. The inventory must include the estimated value of each asset as of the date of death. 
• Notifying creditors and paying debts. Next, you have a legal duty to notify potential creditors of the estate. In North Carolina, a "Notice to Creditors" must be published in a local newspaper once a week for four consecutive weeks, typically within 90 days of your appointment as the personal representative. This notice gives creditors three months from the date of the first publication to file claims against the estate. You must review all claims, pay valid debts (including funeral expenses, medical bills, and taxes) in a specific legal order of priority, and reject invalid ones.
• Managing estate finances and taxes. Throughout the process, you must manage the estate's funds responsibly, typically by opening a dedicated estate bank account. You are responsible for filing all necessary tax returns, including the deceased's final income tax return and, if applicable, federal estate tax returns. This involves understanding what income was earned by the deceased up to their date of death and what income the estate itself generates during administration.
• Distributing assets and closing the estate. Once all debts, taxes, and administrative expenses are paid, you must distribute the remaining assets to the beneficiaries named in the will or, if there is no will, to the legal heirs according to North Carolina's intestate succession laws. After all assets have been distributed, you must file a final accounting with the Clerk of Superior Court, detailing all receipts and disbursements. Upon approval of this final accounting, the Clerk issues an order discharging you from your duties and formally closing the estate.